Kenan G. Loomis

Kenan G. Loomis has extensive experience in litigation, regulatory, and contractual matters pertaining to the health, life, accident, and disability insurance industry. He regularly advises clients on and litigates issues pertaining to commercial general liability, property and casualty insurance.

Kenan has litigated numerous coverage issues, including bad faith, punitive damages, and deceptive trade practices claims. He has also defended major insurance companies in various consumer related class actions and ERISA claims. Kenan has advised health and life insurance companies on contractual issues such as agency agreements, pharmacy benefit management agreements, and reinsurance treaties and has extensive experience in the implementation of new insurance products.

Kenan also counsels clients on commercial general liability, property, and casualty carriers on various coverage issues, including construction defect, and often defends insureds under commercial policies.

Kenan earned his undergraduate degree from Tulane University in 1983 and his law degree from Emory University School of Law in 1986. He has been voted a Georgia "Super Lawyer" in Insurance Coverage each year from 2005 to 2017 and was selected for inclusion in the 2017 and 2018 Edition of the Best Lawyers in America for Insurance law.

On July 12, 2013, the Georgia Supreme Court expanded covered damages in construction defect cases by broadening the definition of “occurrence,” yet left in place the insurer’s right to deny coverage based upon the lack of “property damage” and the business risk exclusions. Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462, 2013 WL 3481555 (Ga. July 12, 2013). Specifically, the Court held that damage to the insured’s property or work may constitute an “occurrence.”

On June 18, 2012, the Supreme Court of Georgia issued Hoover v. Maxum Indemnity Company, Nos. S11S1681, S11G1683, 2012 WL2217040 (Ga. June 18, 2012), dramatically changing Georgia's ''Reservation of Rights'' law. In short, Hoover held insurers may no longer disclaim coverage under a specific policy provision, while reserving the right to do so under others. Id. at *3. The court held that a carrier waives coverage defenses that do not form the basis of the claim denial. Id. According to Hoover, a carrier cannot ''both deny a claim outright and attempt to reserve the right to assert a different defense in the future.'' Id. at *2.

In this issue, we identify key coverage developments from the year 2008. We summarize recent court decisions dealing with coverage for toxic torts, environmental losses, construction defect and property losses. We also address new decisions in the areas of insolvency and reinsurance.

Senior Association Alliances Can Bring Risks As Well As Rewards - National Underwriter - As of July 1, 2004, there were approximately 36.2 million people 65 and older in the United States. As the oldest baby boomers become senior citizens in 2011, the population 65 and older is projected to grow faster than the total population in every state. In fact, 26 states are projected to double their 65 and older population between 2000 and 2030.

In this issue, we consider a number of emerging issues and also identify key developments in coverage in 2007. We summarize new court decisions dealing with toxic torts, environmental coverage, insolvency and regulatory issues, and construction defect. We feature a key construction defect coverage case in Illinois with important implications. We address global warming in the context of directors with officers liability coverage. Finally, we discuss the emerging areas of fax blast and food contamination, and the impact of the reauthorization of TRIA.

Silver Lining - BEST'S REVIEW - The Medicare Part D craze has brought with it a haze of complicated rules and regulations. Yet, for health insurers, there may be a glimmer of light breaking through all the fog.